I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.
answered on Oct 9, 2023
North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More 
answered on Sep 25, 2023
Depends on several factors if your prior lease was written then it was renewed on a month-to-month basis using the same terms as your prior lease and if it required 30 days then you would likely be bound by it. If it was oral then your 7-day notice was fine.
I was living in an apartment in Raleigh, month to month, and the apartment required 60 day notice for vacating the apartment. I gave them this notice, but after I left, I was charged $1000 for a reletting fee. Can they do that even though I gave then the appropriate notice?
answered on Aug 31, 2023
Generally, a month-to-month tenant isn't responsible for paying a "reletting" fee if they give proper notice of termination. The purpose of giving advance notice, literally, is to give the landlord time to find a new tenant.
However, "60 days" can be interpreted... View More
About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.
answered on Aug 21, 2023
Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.
It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.
answered on Aug 11, 2023
Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.
For the present situation, I would send the tenants a bill for the deposit plus the amount of bank... View More
Hi, my landlord gave me and another tenant a 30 day notice to move. We were not behind on rent or did anything to have any problems. He has not asked anyone else in the building to move but us. I am currently invading on my daughters space, because I was not able to find a place. I don't... View More
answered on Aug 9, 2023
In North Carolina, a residential rental relationship may be "month-to-month." Generally, that means that either party can terminate the tenancy with at least 30 days' notice. Although a landlord must have a reason for an eviction, this wouldn't be considered an eviction. It... View More
Its not mentioned in the lease to pay for repainting. The stains on the walls are caused by dirt over time and has not caused any damage to the walls.
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answered on Jul 21, 2023
In North Carolina, the landlord is typically responsible for normal wear and tear maintenance, including repainting the walls due to normal use and aging. If the stains on the walls are a result of ordinary use and have not caused any damage beyond what would be considered normal wear and tear, you... View More
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answered on Jul 11, 2023
It is illegal for an apartment complex to retaliate against a tenant for making legitimate complaints against neighbors. Retaliation can include actions such as eviction or lease termination solely in response to a complaint.
If you believe you are facing retaliation for making complaints... View More
That there is mold... the apartment upstairs flooded mine the week I was suppose to move in. The flood pushed my move-in date back 1 week. The property manager does not link the mold to the flood.
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answered on Jul 5, 2023
To address negligence, emotional distress, and prove the existence of mold in your North Carolina landlord-tenant situation, document the issue with photographs and records, notify the landlord in writing, request inspections, and consult with a tenant's rights attorney for further guidance on... View More
My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More
answered on Jun 29, 2023
Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.
My landlord does not restrict breeds of dogs. They do require pet owners to fill out a pet profile and the dog goes through 'screening' to ensure it is safe. But I was still bitten by a pitbull in the complex. Can I sue my landlord for allowing an aggressive breed in the community even... View More
answered on Jun 22, 2023
Probably not, and pitbulls aren't considered to be an unusually aggressive breed toward humans.
answered on Jun 22, 2023
After the sheriff has evicted the person, the soonest that the personal possessions can be presumed to be abandoned is 10 days after a notice has been posted. Generally speaking, the tenant is allowed to come back onto the property under supervision and retrieve their belongings. The landlord... View More
My rent is due by the fifth, and I have always been on time or early. This month I was slightly late and was going to pay it on the sixth. I received a letter in my email very early in the morning on the fifth stating that rent is late but if I paid it before the ninth I would receive no fees. When... View More
answered on Jun 7, 2023
You have a valid argument that the email constitutes a written waiver by the landlord of its right under your lease to charge the $40 late fee as long as you paid before the 9th.
we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?
answered on Jun 7, 2023
While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.
They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?
answered on Jun 1, 2023
If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... View More
Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?
answered on Jun 1, 2023
In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... View More
Our landlord ended our lease/evicted us during an argument giving us a 60 day notice and with his unpredictable behavior we would like to be sure we get our security deposit back in full.
answered on May 15, 2023
Ideally, you should videotape the entire inside of the premises shortly before departing and returning your keys to the landlord so you can prove there are no damages to the premises for which you are responsible under the terms of your lease.
My apartment has a fee for pets and no pets are allowed in without paper work and a monthly payment. However my girlfriend is visiting with her emotional support dog. Can they refuse her dog to stay there? I am in Wilson NC
answered on May 13, 2023
No. Under the federal Fair Housing Act (FHA), management is prohibited from discriminating against the disabled and would be required to permit your disabled girlfriend to bring an assistance animal to your community (even if it is a “no pets” property). The FHA extends not only to residents,... View More
Took those costs out of security deposit
answered on May 9, 2023
Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.
North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return... View More
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